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Medicines Act 1968

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131 Meaning of “wholesale dealing", “retail sale" and related expressions. E+W+S+N.I.

(1)In this Act any reference to selling anything by way of wholesale dealing is a reference to selling it to a person as being a person who buys it for one or more of the purposes specified in subsection (2) of this section, except that it does not include any such sale by the person who manufactured it.

(2)The purposes referred to in the preceding subsection, in relation to a person to whom anything is sold, are the purposes of—

(a)selling or supplying it, or

(b)administering it or causing it to be administered to one or more human beings,

in the course of a business carried on by that person.

(3)In this Act any reference to selling by retail, or to retail sale, is a reference to selling a substance or article to a person as being a person who buys it otherwise than for a purpose specified in subsection (2) of this section.

(4)In this Act any reference to supplying anything in circumstances corresponding to retail sale is a reference to supplying it, otherwise than by way of sale, to a person as being a person who receives if for a purpose other than that of—

(a)selling or supplying it, or

(b)administering it or causing it to be administered to one or more human beings,

in the course of a business carried on by that person.

(5)For the purposes of this section the provision of services by or on behalf of the Minister of Health, the Secretary of State or the Ministry of Health and Social Services for Northern Ireland under the [F1M1National Health Service Act 1977], the National Health Service (Scotland) [F2M2Act 1978] or the [F3M3Health and Personal Social Services (Northern Ireland) Order 1972] shall be treated as the carrying on of a business by that Minister, the Secretary of State or that Ministry, as the case may be.

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C1Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)

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